Legal Question in Immigration Law in New York
I am 21 Years old and a u.s citizen. I just recently married my girlfriend who is 17.The problem is that She entered the u.s illegally w/o inspection when She was 8 so therefore she is here illegally. Me and my wife decided that were going to return to her home country (brazil) in 2 months since there is nothing we can do here to fix her status and nothing was ever filed for her or her family. I don't want to be living in fear of her being deported. When we leave to brazil She will be 17 and 4 months old. I heard somewhere that if an illegal person under 18 returns back to their country they can avoid the penalties given for being here illegally. Is this true and what Options do we have. She has never had any sorts of problems with the law or immigration and has never worked. Leaving to another country is going to be very tough for me and I want to know if there is anything can be done in our situation.thank you for your time.
2 Answers from Attorneys
She can apply for a waiver of inadmissibility. For a free consultation, please contact my office at 904-371-3538 r email me at [email protected].
A person does not accrue unlawful presence until they turn 18. Right now she is not accruing any unlawful presence, so she will not need a waiver for this if she returns to Brazil before she is 18 years old and 180 days. Once she accrues 180 days of unlawful presence after turning 18, she will be barred from reentering the U.S. for 3 years and after 1 year of unlawful presence after turning 18 she will be barred from reentering for 10 years and will need a waiver to consular process. She should be sure to leave the country before turning 18 and 180 days. Once she is in Brazil, you can apply for her to obtain an immigrant visa at the U.S. Consulate there. You will not need to live in Brazil for her to obtain her immigrant visa. Please feel free to contact me to discuss this matter further.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
Related Questions & Answers
-
If a person enter into the United States Illegally and stayed over 15 years. Now... Asked 4/20/11, 11:44 am in United States New York Immigration Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
